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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2282
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Justice] On May 28, 2014, the Defendant was sentenced to five years of imprisonment with prison labor for murder, attempted murder, etc. in the Daejeon District Court Branch of the Daejeon District Court on April 3, 2019, and completed the execution of the sentence in the Incheon Prison on April 3, 2019.

【Criminal Facts】

1. On August 14, 2019, at around 23:40 on August 14, 2019, the Defendant: (a) refused to take a position on the ground that he was drunk from the victim C, operated by the victim C, in Seo-gu, Seo-gu, Seo-gu; (b) “In-house A.,” and “A,” made it impossible for two customers to enter the said singing.

Accordingly, the defendant interfered with the victim's musical business by force.

2. The Defendant, at the same time, at the same time and place as the above Paragraph 1 of the same Article, requested C to “I am sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale a sale

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to the receipt of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. C’s statement;

1. A report on internal investigation (an analysis and attachment of patrol car booms and mobile phone images);

1. Previous convictions in judgment: The application of one copy of the Act and subordinate statutes concerning criminal records and personal confinement;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the former part of Article 37 and Article 38(1)2 of the Criminal Act among concurrent offenders.

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